The online resource for UK Property Law

Self-help

When is self-help available? Macnab v Richardson [2008] EWCA Civ 1631 The slightest encroachment on another-s land is a trespass (Ellis v Loftus Iron Company (1874) LR 10 CP 10, at page 12 per Lord Coleridge CJ). However, that does not mean that the court will automatically grant an injunction. Nor does it mean that the owner of the land on which the trespass has taken place has an absolute right to use self-help to end the trespass. The principles…

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